CHAPTER 41.-INSTRUMENTS NEGOTIABLE. 3380 SECTION 1. [Endorsements.] All bonds, promisory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable by endorsement thereon, so as absolutely to transfer and vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer, or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsement thereon. [R. S., 239. G. S., 426.] 3381 SEC. 2. [Action by endorsee.] Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereou, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor. 3382 SEC. 3. [Days of grace.] All notes, bonds, or bills made negotiable by this chapter, except bank checks and instruments made payable on demand, shall be entitled to three days grace, in the time of payment, and the demand of payment, from the maker, on the third of grace or of acceptance, if the instrument is a sight draft, and notice or non-payment, or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions. [Amended 1893, chap. 19.] 3383 SEC. 4. [Defense to suit by endorsee.] If any such bond, note, or bill of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor, the defendant shall be allowed to set up the same defense that he might have done had the same action been instituted in the name and for the use of the person to whom the said note, bond, or bill was originally made payable. 3384 SEC. 5. [Evidence of payment.] If any such bond, note, or bill of exchange shall be endorsed on or before the day on which the same is made payable, and the endorsee shall institute an action thereon, the defendant may give in evidence at the trial any money actually paid on said bond, note, or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of such payment before such endorsement was made and accepted. 3385 SEC. 6. [Action may be against drawers, makers, or endorsers jointly or severally.] It shall be lawful for any person or persons having a right to demand any sum of money upon any protested bond, note, or bill of exchange as aforesaid, to commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers, makers, or endorsers, jointly or severally, or against either of them separately. And judgment shall and may be given for such principal, damages, charges, and interest upon such principal, after the rate aforesaid, to the time of such judgment, together with costs of suit. CHAP. 41. Chap. XXVII, R. S., 239. Chap. 32, G. S., 426. SECS. 1-3. Cited 9 Neb., 298. Action by pledgee on invalid note. 62 N. W. R., 318. 3386 SEC. 7. [Damages on protest.] When any bill of exchange shall be drawn for the payment of any sum of money, and such bill shall be legally protested for non-acceptance or non-payment, the drawer or drawers, endorser or endorsers shall be subject to the payment of twelve per centum damages thereon, if drawn upon any person or persons or body corporate without the jurisdiction of the United States, and six per centum damages thereon, if drawn upon any persons or body corporate within the jurisdiction of the United States, and without the jurisdiction of this state. 3387 SEC. 8. [Days to be observed as holidays.] That the following days to-wit: the first day of January, the twenty-second day of February, the twenty-second of April, known as "Ardor Day," the first Monday in September, known as "Labor Day," the twenty-fifth day of December, the thirtieth day of May, and the fourth day of July, and any day appointed or recommended by the governor of this state or the president of the United States, as a day of fast and thanksgiving, and when any of these days shall occur on Sunday, then the Monday following shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and the protesting and giving notice of the dishonoring of bills of exchange, bank checks, or promissory notes, made after the passage of this act, be deemed public holidays, and be treated and considered as is the first day of the week, commonly called Sunday; Provided, That in every such case, and whenever the date of maturity or last day of grace, as the case may be, of any negotiable instrument mentioned herein, shall fall on Sunday or a legal holiday, it shall be lawful to make demand, and if need be, protest and notice of dishonor on the following business day. [Amended 1893, chap. 19.] 3388 SEC. 9. [Labor day.] The first Monday in the month of September in each year shall hereafter be known as "Labor Day," and shall be deemed a public holiday in like manner and to the same extent as the holidays provided for in section eight (8) of chapter forty-one (41) of the compiled statutes of 1887. [1889, chap. 92.] 3389 SEC. 10. [Seed grain note-Mortgage.] That any individual, firm, company, county or corporation who shall sell grain to be used for seeding or planting in the State of Nebraska, during the vear 1895, may take in payment for the same a note which shall be denominated "Special Seed Grain Note," in form as follows: SPECIAL SEED GRAIN NOTE. Nebraska, ... ,189... On or before the............day of........ 189..., I, or we, the undersigned, promise to pay to........ or order, $........ ..................., payable at..............., with interest at the rate of............ .per cent. per annum, from........ ....until due, and .........per cent. thereafter until paid. For the consideration mentioned above, the undersigned hereby expressly agrees and promises that this note, being given for the purchase of seed grain, to-wit...... ..................................purchased from the said...............................................payee, herein, which said seed grain SEC. 8. Where an action in replevin in county court was continued by agreement to a legal holiday, held, that an order made on that day continuing the case was a nullity. 17 Neb., 700. Section applies alone to commercial paper, except where days named are designated as holidays; and where any of such days fall on Sunday, the succeeding Monday is not to be observed as the legal holiday, except so far as it may affect the presentment and demand of commercial paper. 23 Neb., 546. Where a cause is continued to a day on which the court is prohibited from transacting business, continuance will extend to the first day thereafter on which it can transact business. 23 Neb., 546, 734. For purposes of protest, legal holidays are placed on an equality with Sundays. 33 Id., 616. See also note to sec. 38, chap. 19. SEC. 9. "An act providing for a holiday to be known as 'Labor day.'" Took effect July 1, 1889. Laws of 1889, chap. 92. SECS. 10-13. "An act to provide for purchasing of seed grain on time for the year 1895 and to create a lien on the crops grown from the same, and for the discharge of such lien, and also for the punishment of the violation of this act and for punishment for refusal to discharge such lien." Laws, 1895, chap. 41. Took effect March 20, 1895. is to be sown on the following described real estate, to wit:.... .........Section Town........., Range........., in. This instrument shall be and is hereby declared by the undersigned to be a lien upon all grain grown from said seed during the year 1895 upon the land above described, wherever said grain may be kept or stored, and in whosever prossession the same may be, and for the consideration above mentioned the undersigned hereby sells and conveys to the said.............................. .........., payee herein, all the above seed grain, and the grain which shall or may grow from said seed grain upon the land aforesaid Upon the condition, however, that if the above note secured hereby shall be paid on or before the maturity thereof, then this mortgage to be void, otherwise to remain in full force. And the undersigned further agrees that in case of failure to pay the amount due thereof at maturity, or whenever the holder of this note and mortgage may deem himself insecure, then he may by virtue of this mortgage take said seed grain and grain grown from the same, in whatever condition the same may be, demand for the same being hereby waived, and sell the same at public or private sale as by law provided. The proceeds of said sale, after deducting all expenses, to be applied on this note and mortgage, and the residue, if any, to be returned to the undersigned; and if said property fails to satisfy this this note and costs, the undersigned hereby agrees to pay the deficiency. This note is given in pursuance of an act of the Legislature of the State of Nebraska, entitled: 'An act to provide for the purchase of seed grain on time in the year 1895, and to create a lien upon crops grown from the same, and for the discharge of such lien, and also for the punishment of the violation of this act, and for punishment for refusal to discharge such lien.' Approved. Witness: ...... and the same, when properly filed in the proper office in the county where such seed grain is to be sown, the owner and holder thereof shall be thereby vested with all the rights, powers and benefits of the holder of a chattel mortgage upon the crop or crops so grown from such seed, and the same shall be a first lien upon the crop or crops grown from such seed, whether the same are growing, matured or gathered and stored, and shall at all times be a first lien upon the product grown from such seed until such note is fully paid." Provided, however this act shall not be in force on and after the 1st day of January, 1896. [1895, chap. 41, § 1.] 3390 SEC. 11. [Same-Filing.] A true copy of said note shall be filed in the county clerks office of the county where such crop is grown, and the same shall be when so filed treated in all respects as a chattel mortgage duly filed in pursuance of the statutes of the state of Nebraska relative to the filing of chattel mortgages. Provided, that on presentation of the original note cancelled, the county clerk shall cancel said lien of record. [Id., § 2.] 3391 SEC. 12. [Misapplication of grain-Penalty.] That any person or persons buying grain for seed to be used in planting or sowing in accordance with this act, who shall thereafter use or permit another to use the grain so purchased as aforesaid, or the product thereof, for any purpose other than designated in the note herein provided for, shall be deemed guilty of a misdemeanor, and shall be punished in the manner provided by law for disposing of mortgaged property. Provided, that when any purchaser under the provisions of this act shall have any of said grain left after seeding his land then the parties furnishing the same shall be required to receive back the same upon its return, and credit the amount thereof on the note at the same price that was charged and received for the same." [Id., § 3.] 3392 SEC. 13. [Note-Payment-Cancellation-Penalty.] When such note, together with the interest, is fully paid, it shall be the duty of the holder of such note to have the same cancelled of record, and if any holder of such note, or his personal representative or assignee, after full performance of the conditions of the mortgage annexed thereto, whether before or after breach thereof, shall for the space of twenty days, after being thereto requested in writing, refuse or neglect to discharge the same of record as herein provided, or to execute or acknowledge a certificate of discharge or release thereof, he shall be liable to the maker of said note and mortgage, his heirs or assigns, in the sum of twenty dollars damages, and for all actual damages occasioned by such neglect or refusal, to be recovered in the proper action. [Id., § 4.]. CHAPTER 42.-INSTITUTION FOR THE BLIND. 3393 SECTION 1. [Establishment-Location.] That there shall be maintained at Nebraska City, in the county of Otoe, an institution for the blind, and there is hereby appropriated for that purpose the sum of ten thousand dollars, for the erection of a building and the furnishing of the same; Provided, That the citizens of Nebraska City shall raise the sum of three thousand dollars, and when the said sum of three thousand dollars is raised and paid over to the board of trustees, either in money or in property, to the satisfaction of such board, then the board of trustees of said institution for the blind shall proceed to locate said institution on not less than ten acres of land, and not to exceed one mile in distance from the court house in said Nebraska City. [1875, § 1, 149.] 3394 SEC. 2. [Supervision-Trustees.] Such institution shall be under the supervision of a board of trustees, consisting of six persons, who shall be elected by the legislature of the state in joint convention, as soon as practicable after the passage of this act. Two of said trustees shall be elected to serve until the fourth of March, A. D. 1877, and two shall be elected to serve until the fourth of March, A. D. 1879, and two shall be elected to serve until the fourth of March, A. D. 1881, and thereafter said trustees shall be elected by joint convention of the legislature and. hold their office for six years. [Id., § 2.] 3395 SEC. 3. [Same.] No member of the legislature shall be chosen a trustee for the institution for the blind. [Id., § 3.] 3396 SEC. 4. [Supervision-Powers of trustees.] The trustees shall have the general supervision of the institution, adopt rules for the government thereof, provide teachers, servants, and necessaries for the institution, and perform all other acts necessary to render the institution efficient, and to carry out the purposes of the establishment. [Id., § 4.] 3397 SEC. 5. [Quorum.] Four (4) of said trustees shall constitute a quorum for the transaction of business. [Id., § 5.] 3398 SEC. 6. [Trustees-Compensation.] The trustees shall receive pay only for the actual expense necessarily incurred in attending the quarterly and annual meetings of the board. [Id., § 6.] 3399 SEC. 7. [Compensation of officers and employees.] The board of trustees shall fix the compensation of all the officers and employees of said institution at such a rate as shall by them be deemed just and equitable; Provided, That in no event shall the total amount of expenses of the institution exceed the total amount of the appropriation for the same. [Id., § 7.] 3400 SEC. 8. [Assistants.] The assistant officers shall receive their appointment from the board, upon the nomination of the principal, for the faithful performance of their duties, and the principal shall be held responsible to the board for the performance of his duties. [Id., § 8.] 3401 SEC. 9. [Non-resident inmates.] Persons not resident of the state shall be entitled to the benefits of this institution on paying to the treasurer thereof the sum of fifty dollars quarterly in advance; Provided, That no such person shall be so received to the exclusion of any resident of this state. [Id., § 9.] SEC. 10. [Repealed, Laws, 1881, 102.] CHAP. 42. "An act to erect and maintain an institution for the blind." Laws, 1875, 149. Took effect Feb. 19, 1875. See notes to sec. 19, art. V, constitution. Object of institution to educate, not support, the blind. 61 N. W. R., 568. Under decision of State v. Bacon, 6 Neb., 286. "That the government was vested in board of public lands and buildings" (see also 18 Neb., 340), secs. 2, 3, 5, 6 and 18 were omitted in former editions of this work. The court in Curtis v. Allen, 61 N. W. R., 568, having overruled this decision, said sections are here inserted. |